Judgment Search Results Home > Cases Phrase: motor vehicles west bengal second amendment act 1984 Page 1 of about 8,490 results (0.146 seconds)

Asoke Chowdhury and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR2007Cal176

..... dated 26th april, 2005 whereby and where-under west bengal motor vehicles rules, 1989 was modified so far as colour scheme is concerned by amendment rule being west bengal motor vehicles (second amendment) rules, 2005 on inserting rule 88-b in the west bengal motor vehicles rules, 1989 empowering the state government to fix different colour schemes for different types of passenger transport vehicles and challenging the notification no. ..... which goes to the root of the matter irrespective of this court's finding that the state government had no power in terms of the word 'regulation' as prescribed under clause (xviii) sub-section (2) of section 96 of central legislation, the motor vehicles act, 1988, to identify any particular colour in respect of any stage carriage permit and/ or different stage carriage permits plying in a particular route by different colours as the case may be, this is required to be addressed for effective adjudication of ..... in clause (xviii) sub-section (2) of section 96 of the motor vehicles act, 1988, the state government never was empowered to prohibit colouring of the vehicle as per the choice of the motor vehicle owners in respect of their vehicles plying under different stage carriage permits and as such the exercise of the power on the alleged strength of section 96 of the said act for the purpose of amendment and incorporation of a new rule 88b by the state government in west bengal motor vehicles rules, 1989, was dehors of the legislative power.35. .....

Madhab Saha and ors. Vs. State and ors.

Court : Kolkata

Reported in : 2006(1)CHN59

..... exercise of the powers conferred by items (b) of sub-rule (ii) of rule 1 of the central motor vehicles (second amendment) rules, 2001, the central government hereby notifies 31st october, 2001 as the date on which the provisions of said rules shall come into force in mumbai (including greater mumbai) kolkata and chennai in respect of four wheeled vehicles (other than passenger vehicles) with gvw equal to less than 3500 kg as also with gvw exceeding 3500 kg :provided that the ..... provisions of the said rules shall not come into force with the effect of this notification in respect of the 'four-wheeled transport vehicles' from mumbai (including greater mumbai), kolkata or chennai to respectively, in other region of the states of maharashtra, west bengal or tamil nadu or plying on inter-state permits or national permits or on the all india tourist permits within the territorial jurisdiction of the said metropolitan cities ..... , 2001 issued by the government of west bengal, department of environment, the state government had adopted the same norms in exercise of powers under sections 17(1)(g) and 20 of air (prevention & control of pollution) act, 1981 for 'all four-wheeled vehicles (other than passenger vehicles) with gvw equal to or less than 3500 kg and vehicles with gvw exceeding 3500 kg' and has directed registering authorities in kolkata metropolitan area refuse registration of vehicles not conforming to such norms, if ..... corporation : (1984)iillj186sc and rattan .....

Phanindra Kumar Senyal and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1965Cal177

..... it was said that the inclusion of the west bengal act as amended by west bengal act 29 of 1951 by the constitution fourth amendment act of april 27, 1955 protected the act, if at all, in the form in which it was up to 1951 and could not give it any immunity when the west bengal act was further amended by the west bengal act 23 of 1955 which came into force in september 1955. ..... it was argued that as proviso (b) to section 8 (1) of the west bengal act had been amended after the date of the constitution fourth amendment act the west bengal legislature was trying to alter the constitution by affecting the ninth schedule which it was not competent to do.9. ..... transport service act 1955 did not, on the passing of the motor vehicles (amendment) act (central act of 1956) become wholly void under article 254(1) of the constitution but continued to be a valid and subsisting law supporting the scheme already framed under the u. p. ..... act had become void and secondly that by reason of article 254 of the constitution the impugned u. p. ..... secondly, it was contended that it was not a 'law in force' before the commencement of the constitution and further being inconsistent with the provisions of part iii of the constitution was void. .....

Soumitra Banerjee and ors. Vs. State of W.B. and ors.

Court : Kolkata

Reported in : 2004(3)CHN545

..... challenged the west bengal additional tax and one-time tax on motor vehicles tax (amendment) act, 2003 (west bengal act xiv of 2003), the west bengal motor vehicles tax (amendment) act, 2003 (west bengal act xix of 2003) and the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 (west bengal act xx of ..... act, the owner of any motor cycle being less than fifteen years old, when applying for first registration, or assignment of fresh registration mark, or change of address on removal of the motor cycle from a state other than the state of west bengal, on or after the date of coming into force of the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003, shall pay life-time tax as specified in schedule iii in lieu of tax payable under the west bengal motor vehicles tax act, 1979 (west ..... from 4-wheeler non-transport vehicles under the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 for the next ..... according to section 9a notwithstanding anything contained in the said act, the owner of any motor cycle being less 15 years old when applying for first registration or assignment of fresh registration mark or change of address on removal of the motor cycle from another state other than west bengal on or after the date of coming into force of west bengal additional tax and one-time tax on motor vehicles (amendment) act, 1992 should pay one-time tax as specified in schedule iii .....

Chayarani Mukherjee Vs. Assistant Secretary to the Government of W. Be ...

Court : Kolkata

Reported in : AIR1964Cal428,68CWN826

..... state of west bengal, 0065/1962 : air1962cal269 that the west bengal land requisition and acquisition act (2 of 1948) passed on march 11, 1948 in spite of the extension of its life and substantial alterations made in it by west bengal ordinance 5 of 1957 and west bengal act 12 of 1957 could not, in view of the decision in lilavati's case, (s) : [1957]1scr721 be regarded as a statute passed or enacted after the constitution (4th amendment) act 1955. ..... ' a motor :vehicles amendment act imposing restrictions on the business of stage carriage operator does not involve the acquisition of a commercial undertaking, see bhikaji narain v ..... the life of the act was extended from time to time -upto 31-3-1953 by act 15 of 1950 passed on 30-3-1950, upto 31-3-1954 by act 10 of 1953 passed on 28.3-1953, upto 31-3-1957 by act 7 of 1954 passed on 29-3-1954, upto 31-3-1958 by ordinance 2 of 1957 passed on 29-3-1957 upto 31-3-1960 by act 9 of 1957 passed on 15-7-1957, upto 31-3-1963 by act 2 of 1960 passed on 19-3-1960, upto 31-3-1984 by act 9 of 1983 passed on 30-3-1983, and upto 31-3-1968 by act 29 of 1963 passed on 15-10- ..... held that section 2 (2) (xxiv) of the defence of india act and rule 75-a of the defence of india rules authorising the requisition of immovable property was ultra vires the central legislature, and was not authorised by entries 9 and 21 in list ii of schedule vii of the government of india act, 1935, read with section 102 and the proclamation of emergency during the second world war .....

Dharmendra Kirthal Vs. State of U.P. and anr.

Court : Supreme Court of India

..... the court referred to the statement of objects and reasons of the motor vehicles amendment act, 1994 to understand the purpose behind the legislation.15. ..... that there is a distinction between an accused who faces trial in other courts and the accused in the special courts because the accused herein is tried by the special court as he is a gangster as defined under section 2(c) of the act and is involved in anti-social activities with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.44. ..... section 7(1) provides that notwithstanding anything contained in the code, where a special court has been constituted for any local area, every offence punishable under any provision of this act or any rule made thereunder shall be triable only by the special court within whose local jurisdiction it was committed, whether before or after the constitution of such special court ..... state of west bengal[8]..16. ..... act 7 of 1986), the prevention of illicit traffic of narcotics drugs and psychotropic substances act, 1988 and some provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa), were listed for hearing, we have fully and conclusively heard only the matters pertaining to the act of 1984, act of 1985 and act of 1987 and ..... are informed that the question of vires of the terrorist affected areas (special courts act) 1984, is pending before a constitution bench. .....

Association of Registration Plates Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364

..... section (3) of section 109 of the act the central government issued an order known as motor vehicles (new high security registration plates) order, 2001 on 22^nd august, 2001 in order to notify certain standards in respect of new system of high security registration plates for motor vehicles and the process used by a manufacturer or vendor for manufacturing or supplying such plates with reference to the amendments made in the central motor vehicles rules, 1989 by the central motor vehicles (ist amendment) rules, 2001. ..... an undertaking of transport department, government of west bengal has submitted that the motor vehicles act and the rules framed thereunder require high security ..... amended by a notification dated 16^th october, 2001 issued by the cental government in exercise of power under section 109(3) of the act and the order so issued is called motor vehicles (new high security registration plates)(amendment) ..... clause 6 of article 19 of the constitution was amended by the constitution (first amendment) act, 1951 which came into force on 18^th june, 1951 and it reads as under: "(6) nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it ..... submitted that in terms of the order issued by the central government on 22^nd august, 2001 or the amended order issued on 16^th october, 2001 anyone having a test approval certificate from one of the bodies mentioned in second para of rule 50(1)(v) of the rules is fully entitled to supply hsvrp. .....

State of West Bengal and ors. Vs. Shyamal Banik

Court : Kolkata

Reported in : 2006(4)CHN798

..... relaying upon a decision of this court held that for conforming to the emission standard and in terms of the provision of amended rule 115 of the west bengal motor vehicles rules, for the purpose of granting permit in a route in respect of a vehicle, alternative acceptable standard of emission of bs ii is permissible. ..... last but not the least rule 115 of the west bengal motor vehicles rules, 1989 prescribes that an offer letter remains valid for a maximum period of six months from the date of ..... evident there from that the said vehicle was registered with the motor vehicles department of the government of west bengal some time in the year 1988 ..... by commanding the regional transport authority to issue the permanent stage carriage permit to the writ petitioner in respect of the said vehicle on the basis of the said offer letter with specific direction that the said offer letter should be treated as valid for the purpose of grant of a permanent stage carriage permit even though the same lapsed its force in terms of the provisions of rule 141 of the west bengal motor vehicles rules, 1989. ..... in this connection it is worthwhile to mention that clauses (xxii) and (xxiv) of sub-section (2) of section 72 of the motor vehicles act, 1988 prescribes that the regional transport authority may after giving notice of not less than one month vary the conditions of the permit; attach to the permit further conditions which ..... second, such condition has been laid down by the regional transport authority in .....

SalauddIn Miah Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2000)3CALLT518(HC),2000(2)CHN788

..... pointed out that in the second case the hon'ble supreme court was considering a case involving commencement of the process of selection vls-a-vis amendment of the karnataka general service (motor vehicles branch) (recruitment) rules, ..... since rule 28 had not been amended but substituted, the substituted provisions must be deemed to have been engrafted in the original rules, thereby giving retrospective effect to the substituted provisions so as to make the same applicable even before the west bengal school service commission act, 1997, came into force. ..... was of the view that since the posts in question had fallen vacant and the managing committee had sought permission to fill up the vacancies prior to the commencement of the west bengal school service commission act, 1997, the process of recruitment would have to continue in accordance with the rules then existing. 19. mr. ..... the madrasah had applied for dereservation of the post the district inspector of schools should have taken steps in keeping with section 6(2) of the west bengal scheduled castes and scheduled tribes (reservation of vacancies in services and posts) act, 1976, instead of taking the plea that he was no longer competent to do so, since the 1997 act had come into force in the meantime. 8. mr. ..... taken by the district inspector of schools was not justified since the selection process had commenced long before the west bengal school service commission act, 1997, hereinafter referred to as the '1997 act', came into force. .....

National Insurance Co. Ltd. Vs. Smt. Krishna Biswas

Court : Kolkata

Reported in : 2008ACJ480,AIR2007Cal122

..... incorporation of such liability by the west bengal motor vehicles rules, 1989, being contrary to the framework of section 140 of the said act, accordingly, is dehors the statute. ..... before parting with the matter, a question to be answered whether under west bengal motor vehicles rules, 1989 where-from it appears that there is a provision under rule 339(3) of the said rules by which the insurance company has been made liable to pay compensation the insurance company is liable to pay compensation ..... - (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle compensation, as indicated in the second schedule, to the legal heirs or the victim as the case may be.explanation. ..... two legal questions have been urged in this appeal by the national insurance company limited, namely:(i) whether under section 140 of the motor vehicles act, 1988, hereinafter referred to as the said act for brevity, a court of law can saddle the insurance company with a liability to pay when under the said statute, owner, is only liable. ..... (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the 'second schedule'.6. .....